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Maryland roundup

by Walter Olson on May 17, 2014

  • Civil libertarians won victories last term in restraining open-ended use of police surveillance, search and seizure: access to emails and social media postings older than six months will now require warrant, as will location tracking; new restrictions also placed on use of automatic license plate reading system data [ACLU 2014 policy report]
  • Bill that would have banned weapons on private school grounds, whether or not the school itself had objection, failed to make it out of committee [SB 353, earlier here, here]
  • Judge overturns state union’s takeover of Wicomico County teacher’s association [Mike Antonucci, more]
  • Vague definitions of “trafficking” + asset forfeiture: what could go wrong with Del. Kathleen Dumais’s plan? [Reason, WYPR "Maryland Morning", more (legislative agenda of "trafficking task force")]
  • In his spare time, Maryland Commissioner of Labor and Industry Ronald DeJuliis apparently likes to engage in urban beautification of the sign removal variety [Baltimore Sun, Quinton Report, Daily Record (governor's office considers criminal charges against appointee "personal" and relating to "after hours")]
  • Behind the controversy over Rockville firearms dealer’s plan to offer “smart gun” [David Kopel]
  • Baltimore tightens curfew laws, ’cause criminalizing kids’ being outside is for their own good [Jesse Walker, followup]
  • In Montgomery County, police-union demands for “effects bargaining” were a bridge too far even for many deep-dyed liberals, but union hasn’t given up yet [Seventh State]

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“The fencing club at North Dakota State University cannot hold practices on campus as a result of the school’s weapons policy, Campus Reform reported.” [University Herald; Valley News Live (Fargo/Grand Forks)]

Also, note the ambiguity of the next line, “Members of the newly formed club said that despite having no pointed tips or sharp blades, the school classifies the club’s equipment as weapons.” It sounds as if the school administration itself is being described as “having no pointed tips or sharp blades,” which might be a version of “not the sharpest knife in the drawer.”

More: Scott Greenfield, who has a family connection with the sport of fencing.

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“It’s Doctors’ Duty to Promote Gun Safety With Patients” [Art Caplan, Medscape via Bill of Health] Next step: giving patients a hard time about kitchen or camping knives? [A. Barton Hinkle]

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I’ve got a write-up at Cato at Liberty about the federal government’s massive, SWAT-like occupation of the rural Indiana property of Don Miller, a celebrated 91-year-old local collector who has traveled the globe and whose impressive collection of world and Indian artifacts “was featured in a four part series in the Rushville Republican.” Under various treaties and federal laws, mostly dating to relatively recent times, the federal government now deems ownership of many antiquities and Native American artifacts to be unlawful even if collectors acquired them in good faith before laws changed. [WISH (TV), Indianapolis Star, The Blaze.] More: coverage in two more outlets with a flavor very different from each other, Shelby County News (FBI source stresses Miller’s cooperativeness and suggests federal actions were wtih his consent or even at his behest) and National Public Radio (“seized,” “confiscated”)

Related: Richard Epstein at Hoover on Obama Administration plans to prohibit selling your family’s vintage piano or moving it across a state line. And aside from ivory chess sets, the nascent War on Antiques might take a toll of replica firearms [Washington Times]

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That was in happier days, when California State Sen. Leland Yee was winning national applause for his gun-control efforts. Yesterday the San Jose Mercury-News reported:

In a stunning criminal complaint, State Sen. Leland Yee has been charged with conspiring to traffic in firearms and public corruption as part of a major FBI operation spanning the Bay Area. … Yee asked whether he wanted automatic weapons, and the agent confirmed he did — about $500,000 to $2.5 million worth.”

Is it time to retire our “Do as we say” tag yet? Eliot Spitzer got exposed after crusading for longer sentences for “johns.” Czars of alcohol-abuse programs keep getting nabbed on the road after having a half dozen too many. Rep. Bob Filner groped his way to the podium to chair hearings on women’s issues.

Now there’s this. Maybe Sen. Yee came down so hard on private gun dealers because he wanted to muscle into the business himself.

The entire criminal information, which beggars belief in its colorful detail (Chinese gangs, Russian arms runners, Muslim insurgents in the Philippines) is here, with highlights summarized by Scott Lucas of San Francisco magazine. The San Francisco Chronicle editorialized: “Few observers of San Francisco politics are surprised by [Yee's] arrest on corruption charges.” Then there’s this sidelight: “Keith Jackson, accused by the FBI on Wednesday of being involved in a murder-for-hire scheme and a gun- and drug-trafficking conspiracy, was San Francisco’s top elected educator during the late 1990s.” [San Francisco Chronicle]

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Maryland roundup

by Walter Olson on March 22, 2014

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Decent articles on Stand Your Ground in the general press are relatively few, being far outnumbered by those that are sensationalist, axe-grinding or simply uninformed. So it’s nice to be able to recommend this one by Peter Jamison in the Tampa Bay Times [via Jacob Sullum].

In other news, a United Nations panel in Geneva monitoring compliance with international human rights law has questioned a wide range of United States domestic policies, including some states’ adoption of Stand Your Ground as well as lack of gun control and other offenses. “The committee is charged with upholding the International Covenant on Civil and Political Rights (ICCPR), a UN treaty that the US ratified in 1992.” Another reminder that treaties have consequences, and that ratification of other purported human rights treaties, such as the Convention on the Rights of Persons With Disabilities (CRPD), would not be without public consequences relating to many domestic policies. [Guardian]

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March 5 roundup

by Walter Olson on March 5, 2014

  • U.S. Commission on Civil Rights commissioners Gail Heriot, Peter Kirsanow: Administration’s new policy on race and school discipline likely to make schools more chaotic [Robby Soave, Daily Caller, 2011 related, earlier here, etc.]
  • French court: fan club members suffered legally cognizable emotional damage from Michael Jackson’s death [Lowering the Bar, earlier]
  • “The Newkirk incident demonstrates why cameras in the courtroom are a bad idea” [James Taranto, includes bonus New York Times disgrace]
  • Claim: advocates stymied firearms research over most of past two decades. Accurate? [Fox News]
  • Another look at the CPSC’s war on former Buckyballs CEO Craig Zucker [Jim Epstein, Reason, earlier]
  • Chris Christie use of monitorships in white-collar prosecutions draws renewed scrutiny [New Republic, earlier]
  • In which I am included in a list with George Will and Heather Mac Donald, all very flattering etc. etc. [Charles C. W. Cooke, NRO]
  • D.C.: disbarred lawyer sat for years as workers comp judge [Washington City Paper]
  • “German home-school family won’t be deported” although Supreme Court declines to hear asylum appeal [AP; discussion in comments earlier]

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Maryland roundup

by Walter Olson on February 22, 2014

  • Reminder: SB 353, which would ban bringing of knives and other weapons onto private school property whatever the school’s wishes, up for hearing at 1 p.m. Wed. Feb. 26 [text, Senate, related Virginia] With Ninth Circuit’s Peruta decision, Maryland now one of only six holdout states to resist any recognition of gun carry rights [David Kopel]
  • Slew of labor proposals moving through Annapolis would require employers to offer paid sick leave, push unionization on community college employees, and require employers to pay interns’ transportation costs. Study finds boosting state’s minimum wage would cost jobs [WaPo]
  • Supremely irresponsible: state already hobbled by nation’s slowest foreclosure process, but NAACP, Casa de Maryland and Legislative Black Caucus demand six-month foreclosure moratorium on top of that [Washington Post; earlier on Maryland foreclosure law here, here (couple spends five years in million-dollar home without making mortgage payment), here, etc.]
  • Review of recent developments in asbestos litigation in the state [Lisa Rickard, Chamber Institute for Legal Reform]
  • Goodbye to another Free State tradition? Senate votes ban on sale of grain alcohol, with urging from Johns Hopkins Bloomberg nanny crew [Washington Post]
  • Just say no to the Maryland Small Business Development Financing Authority [Mark Newgent, Baltimore Sun]
  • Sen. Zirkin “litigates dog-bite cases on behalf of plaintiffs” and is player on dog bite bill [Insurance Journal]

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  • After criticism of heavy-handed Ankeny, Iowa police raid on persons suspected of credit card fraud, not actually reassuring to be told militarized methods needed because one house occupant had firearms carry permit [Radley Balko, more, more]
  • Advocates strain mightily to fit unpopular Dunn verdict into Stand Your Ground theme [David Kopel, Jacob Sullum] More: sorry, pundits, but Rasmussen poll shows public’s plurality SYG support unshaken [Althouse]
  • “‘Drop the Cabbage, Bullwinkle!': Alaskan Man Faces Prison for the Crime of Moose-Feeding” [Evan Bernick, Heritage] “Criminalizing America: How Big Government Makes A Criminal of Every American” [ALEC "State Factor"]
  • “We’ve also bred into dogs … an eagerness to please us.” Bad news for K-9 forensics [Balko]
  • “Has overcharging killed the criminal trial?” [Legal Ethics Forum] Is the “trial penalty” a myth? [David Abrams via Dan Markel, Scott Greenfield]
  • What if cops, as opposed to, say, gun owners, were obliged by law to purchase liability insurance? [Popehat]
  • That’s productivity: North Carolina grand jury managed to crank out roughly one indictment every 52 seconds [Tim Cushing, TechDirt]

I’ve got a post at Cato at Liberty on today’s big decision in Peruta v. County of San Diego, in which a Ninth Circuit panel struck down a licensing scheme under California law in which even persons with legitimate self-defense concerns were unable to get permission to carry handguns outside the home.

More from David Kopel and Eugene Volokh on how “today’s decision creates a split of the Seventh and Ninth Circuits vs. the Second, Third, and Fourth Circuits,” on the court’s reasoning on open vs. concealed carry (an individual right to bear implies that at least one of the two must be allowed), and on how the substantial majority of states already have laws according respect to the freedoms at issue here (& welcome Jim Geraghty/NRO readers; I was also a guest on the Michael Graham Show Friday afternoon to discuss the ruling).

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Maryland roundup

by Walter Olson on February 8, 2014

  • Hearing set for February 26 on bill to ban knives and other weapons from private school parking lots and other property [Maryland Legislative Watch]
  • Bill would join Ohio in banning hidden compartments in cars, but one legislative sponsor withdraws it following public outcry [MLW]
  • Minimum wage a poor way to support working families [Todd Eberly]
  • Italian-based gunmaker Beretta: “Maryland disrespects us and gun owners, so we expand in Tennessee” [Ugo Gussalli Beretta, Washington Times]
  • Would a per-bird environmental tax, as proposed by two Montgomery County lawmakers, drive chicken farming out of the state? [DelmarvaNow, followup (governor pledges veto)]
  • “The Parallel Failures of the Oregon and Maryland Health Exchanges” [Peter Suderman, Reason]
  • State has resisted general tide toward dramshop (alcohol server) liability for misdeeds of drunken patrons; bill in Annapolis would change that [MLW, earlier]

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Bullet overflight

by Walter Olson on February 7, 2014

Does it violate your rights when someone’s flying bullet enters your property? Should the law attempt to prohibit that? Or does it depend on the setting and customary land uses in the community? [Insurance Journal on Fla. law]

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  • “Live or travel within 100 miles of a US Border? America’s Internal Checkpoints” [Wes Kimbell, Reason]
  • EFF, ACLU sue Los Angeles seeking disclosure of how automatic license plate readers [ALPRs] are used to track motorists [The Newspaper]
  • Would cops run unauthorized background checks on someone appointed to a police oversight board? [Ed Krayewski/Reason, St. Louis County, Mo.]
  • “How the NSA bulk data seizure program is like gun registration” [Randy Barnett]
  • Text sent to Kiev protesters points up downside of cellphone location signaling: “Dear subscriber, you are registered as a participant in a mass disturbance.” [NY Times]
  • As New York AG Schneiderman pursues AirBnB, privacy is collateral damage [Ilya Shapiro and Gabriel Latner, Daily Caller]
  • Oops! California Obamacare exchange passed along visitors’ personal info to insurance agents without permission [L.A. Times]

“It’s too early, but I’m sure there will be something,” he said. “We call it ‘Sixty Minutes’ legislation – something happens and legislation is introduced.” — Maryland Del. Joseph Vallario, Jr., chair of the House Judiciary Committee in the state legislature, on prospects for the introduction of new legislation following the murder of two skateboard store employees at the Mall in Columbia. [Washington Post] As of Sunday police had not assigned a motive to the slayer, who killed himself at the scene.

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Politics roundup

by Walter Olson on January 24, 2014

  • John Lott Jr. argues in new book that judicial-nominations system is broken; responses from Michael Teter, Clint Bolick, John McGinnis [Cato Unbound]
  • “Weaponized IRS” meets Administration’s political needs at cost of future public trust [Glenn Reynolds, USA Today]
  • “For some time, however, cause lawyers have moved in and out of government, thus complicating the traditional picture of lawyer-state opposition.” [Douglas Nejaime, "Cause Lawyers Inside the State," SSRN via Legal Ethics Forum]
  • Gun rights: public opinion has changed over the decades in a big way [Bryan Caplan, Steven Greenhut]
  • “Mostyn Law Firm donates $1 million to help Wendy Davis in Texas governor’s race” [Washington Examiner, New Republic] Plaintiff’s bar supporting GOP primary challenges to Texas Supreme Court incumbents Phil Johnson, Jeff Brown, and Chief Justice Nathan Hecht [TLR] More: Legal NewsLine (Mark Lanier Law Firm largely funding challengers)
  • Nassau’s Kathleen Rice: “Anti-Corruption Panel Co-Chair Receives Big Donations From Sheldon Silver’s Law Firm” [Ken Lovett, NYDN]
  • Rule of thumb: a political party leans libertarian in proportion to the number of years since it last held the White House [Orin Kerr]
  • Dept. of Justice indicts a prominent Obama critic on campaign finance charge [Ira Stoll; more above]

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Product liability roundup

by Walter Olson on January 21, 2014

  • “Furniture company founder files federal chair-collapse suit against rival manufacturer” [ABA Journal]
  • Wrangling over Pennsylvania tobacco settlement aftermath “a never-ending buffet for attorneys” [Allentown Morning Call] Florida $27 million smoking award upheld [Daily Business Review]
  • Autonomous cars and tort liability [Kyle Colonna, Case Western RJLTI/SSRN]
  • Asbestos: Death of single fiber theory [Sean Wajert, Pa.] Radiologist Herron says he did nothing wrong [W.V. Record]
    Peculiar tale of Russian asbestos-mining town [Foreign Policy] More: Lester Brickman on smokers’ asbestos cases [Chamber-backed LNL]
  • From the defense side, Beck chooses favorite and least-favorite drug and medical-device decisions of 2013;
  • One can always hope: Will 3-D printing end product liability litigation as we know it? [Nora Freeman Engstrom, SSRN] “Philadelphia Becomes First City To Ban 3D-Printed Gun Manufacturing” [Zenon Evans] Once again on the vacuous but oft-repeated “NRA is a front for gunmakers” line [Tuccille]

The capabilities of onboard GPS systems keep getting more impressive. And the product liability implications might nudge Detroit into using the information in ways unwelcome to customers, for fear of being blamed otherwise for crashes they might have prevented. [Volokh]

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